| The term "part-time employment" refers to the employment mode in which wages are mainly paid by the hour and the average working time of the workers in the same employing unit does not exceed four hours a day and the accumulative time of the workers in the week does not exceed 24 hours.This employment mode emerged with the end of the two World Wars.Compared with the traditional full-time employment,its labor relations are weaker and more flexible.It is in line with the development needs of the tertiary industry,which is the most popular employment mode in recent years and is recognized as the future employment trend.However,the laws and regulations on employment of part time are not perfect,and the current law can not deal with the problems faced by employment of part time,which may infringe on the rights and interests of workers of part time and hinder the development of employment of part time itself.In the initial legislation of part-time employment system,our country ignored the security in order to maximize its flexibility advantage,resulting in a situation of flexible but insufficient safety of the current law.Therefore,it is necessary to further improve the legal system of part-time employment,remove some legislative misunderstandings and correct the wrong legislative ideas,and strive to build a legal system of part-time employment with both flexibility and security.Based on the basic theory of part-time employment system,this these firstly introduces the concept and characteristics of part-time employment,then compares part-time employment with other similar concepts,and finally explains the value of part-time employment system,such as increasing employment opportunities for workers and reducing employment costs for enterprises.Secondly,the author investigates the legal systems of part-time employment in Holland,Germany,Japan and France,and summarizes some useful experiences according to the actual situation in our country,such as improving the treatment of part-time employment and emphasizing the responsibility of employer during the conversion of different employment systems,etc.Thirdly,this these combs out the legislation status of the system of part-time employment and puts forward the main existing problems,including the disconnection between the recognition standard and practice,imperfect provisions of the labor contract,imperfect lifting mechanism and lack of perfect provisions of social security,etc.Finally,some suggestions are put forward to improve the existing problems.The identification criteria of part-time employment need to be reset: increase legal hours,divide part-time employment into different levels,stipulate overtime wages,and establish a mutual conversion mechanism between different employment systems;In the aspect of part-time employment contract,it is necessary to sign a written contract and stipulate the necessary terms of the contract.In terms of termination of employment contract,it is necessary to establish reasonable expectation rule to restrict arbitrary termination right and increase the provisions of economic compensation and compensation.The last step is to improve the provisions of social insurance for part-time employment: define the subject of payment,improve the payment system and establish flexible payment ratio. |
